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Education and Home Affairs - Approved Panel Minutes - 8 January 2007

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Education and Home Affairs Scrutiny Panel

Meeting 6

Date: 8th January 2007

Location: Le Capelain Room, States Building

Present Deputy F.J. Hill, B.E.M., Chairman

Deputy D.W. Mezbourian , Vice Chairman Deputy A.E. Pryke

Deputy S. Pitman

Deputy J. Gallichan

Apologies Absent

In attendance Mrs. K. Tremellen-Frost, Scrutiny Manager [Items 12 and 13]

Mr. W. Millow , Scrutiny Officer

Mr. T. Oldham , Scrutiny Officer

 

Ref Back

Agenda matter Action

 

1. Minutes of Previous Meetings

The Panel deferred consideration of the minutes of its meeting on

11th  December  2006  pending  clarification. It  recalled  that  its

meeting  on  this  date  with  Senator  M.E.   Vibert ,  Minister  for WM/TO Education,  Sport  and  Culture,  had  been  recorded. The  Panel requested the Scrutiny Officers to verify the minutes against the recording.

The Panel approved the minutes of its meeting of 22nd December 2006.

The Panel deferred consideration of the minutes of its meeting on 28th December 2006.

 

2. Working Arrangements

The Panel noted that all meetings where a quorum was present would  be  formally  minuted. It  was  noted  that  some  meetings called in relation to the Panel's current reviews would not require all Panel Members to be present. It was further noted that the minutes  of  these  meetings  would  record  that  certain  Panel Members may not have been required to attend.

The Panel was advised that the Chairmen's Committee would in future receive regular Position Reports on the Panel's work.

The Panel was advised that, under Standing Orders of the States of  Jersey,  the  quorum  of  a  Scrutiny  Panel  comprising  four Members was three Members.

Panel  Members  were  requested  to  give  consideration  to  the Panel's workload in the event that they were asked to sit on a Scrutiny Sub-Panel.

The Panel considered the potential use of rapporteurs in relation to the Departments that fell within its remit. The Panel agreed that it would not split responsibility for monitoring the work of the two Departments  in  question  and  that  all  Panel  Members  would therefore follow the work of both Departments. It was noted that the use of rapporteurs was of potential benefit in relation to specific topics dependant on compliance with Standing Order 140(b).

[04/01/06,

3. Overdale

 

Item 2] The Panel was advised that Deputy Pryke, Chairman of the Social

Affairs  Sub-Panel  (Overdale  Review),  had  received correspondence from Senator L. Norman complementing the Sub- Panel  on  the  content  of  its  report, Overdale:  The  Closure  of Leoville and McKinstry Ward s (SR1/2007).

The Panel noted that correspondence had been received from Senator  S.  Syvret,  Minister  for  Health  and  Social  Services,  in which he questioned the procedure followed for the distribution of

the Overdale report. The Panel was advised that the Chairman

had received correspondence from the Greffier of the States that indicated the Panel had followed the correct procedure. It was BH

agreed that the Chairman would forward the correspondence to

the other Panel Members.

It was noted that the Overdale report was under embargo until 6:00am on 10th January 2007.

The  Panel  extended  its  thanks  to  the  Scrutiny Officer,  Mr.  W. Millow , for work undertaken during the Overdale Review.

The  Panel  noted  that  responsibility  for  following  up  the recommendations contained within the Overdale report (as well

those that would ultimately be made in the GP Out-of-Hours report)

would ultimately lie with the Health, Social Security and Housing WM/TO (HSSH) Scrutiny Panel. The Panel agreed that correspondence

would be sent to the HSSH Panel in order that this situation be

recorded formally and to request that the HSSH Panel follow up

the recommendations in twelve months' time.

4. Action Updates and Documents Received

[13/11/06, The Panel recalled its previous agreement that it would explore the Item 3] possibility  of  undergoing  intensive  questioning  training  and

undertake a visit to Westminster in order to observe Parliamentary Select Committees in action. It was advised that enquires into this

matter were ongoing. The Panel requested that an update be WM/TO provided on the status of these enquiries. It was noted that Deputy S.  Pitman  had  attended  the  Centre  for  Public  Scrutiny  (CfPS) Annual Conference in 2006. It was further noted that videos of

Select Committees in session were available.

The Panel noted that it had received Police Ordinance 2006 that contained  information  on  the  constitution  of  Gibraltar's  Police Authority.

[04/01/07, 5. Centeniers in the Magistrate's Court

Item 1] The Panel noted that information which Centenier M.P. L'Amy had

undertaken (at the Public Hearing on 21st September 2006) to supply would not be forthcoming before March 2007.

The Panel noted that the report for this review was being drafted. The Panel noted that a meeting would be held on 12th January 2007 to consider the draft report.

The Panel was advised that one individual who had made a written submission for this review had expressed surprise to one Panel WM/TO Member that the submission had not appeared on the Scrutiny

website. The Scrutiny Officers were requested to enquire into this

matter.

[11/12/06, 6. Youth Service

Items 2 The Panel noted that a request had been made for the Youth and 5a] Service 2007 Action Plan. It further noted that no response had

yet been received and agreed to defer consideration of this matter to its next meeting.

The Panel recalled that the Terms of Reference for this review would potentially need revisiting and redrafting. It was noted that a review of this topic could focus on one particular area in relation to the Youth Service.

The Panel agreed that it would not yet start its review of this topic and that it would consider the matter at a subsequent meeting.

[11/12/06, 7. HMP La Moye

Item 6] The  Panel  noted  that  it  had  received  the  draft Performance

Improvement Plan for HMP La Moye as well as the draft Prison (Jersey) Rules 200-.

[28/12/06, 8. GP Out-of-Hours

Item 1] The Panel noted that a request had been made to Dr. I. Cameron

for clarification on the impact of the GP co-operative out-of-hours service on evening and week-end surgeries operated by Cleveland Clinic.

The Panel noted that the report for this review was being drafted. It was further noted that the Panel would meet on 9th January 2007 to consider the draft report. Apologies for this meeting were given by Deputies S. Pitman and J. Gallichan as they were not required to attend.

  1. Chairman and Panel Member Updates

The Panel was advised that the Economic Affairs Sub-Panel (Dairy Review) was compiling its report. The Sub-Panel hoped to present its report to the States ahead of the debate on Draft Howard Davis Farm  (Partial  Abrogation  of  Covenant)  (Jersey)  Law  200- (P.170/2006).

The  Panel  noted  that   Deputy  S.  Pitman  would  remain  on  the Income Support Sub-Panel. The Panel further noted that the Sub- Panel now fell under the auspices of the Health, Social Security and Housing Scrutiny Panel. The Panel was advised that the Sub- Panel would meet in the afternoon of 8th January 2007.

  1. Draft Business Plans

The Panel noted that it had received the draft 2007 Business Plans for  the  Department  of  Home  Affairs  and  the  Department  of Education, Sport and Culture. It deferred consideration of these documents to its next meeting.

The  Panel  was  advised  that  all  members  of  the  Chairmen's Committee  would  receive  copies  of  all  the  Departmental  2007 Business Plans.

  1. Forthcoming Propositions

The  Panel  agreed  it  would  not  seek  to  review  the  following proposition:

  • Draft  Police  (Honorary  Police  Complaints  and  Discipline Procedure) (Amendment) (Jersey) Regulations 200- (P.2/2007)
  1. Scrutiny Annual Report

The Panel noted the provision of Standing Order 143(d) in that the terms of reference of the Chairmen's Committee included:

  • to co-ordinate the preparation of an annual report on the work of the PAC and scrutiny panels for inclusion in the annual report produced by the PPC upon the work of the States and of committees and panels established by standing orders

The  Panel  was  advised  that  the  Chairmen's  Committee  would consider production of the annual report at its meeting on 12th January 2007. It was noted that the Panel would probably be expected to provide some input into the production of the report.

  1. Future Working Practice

The  Panel  reviewed the working  practices  used  by  the  former Social Affairs Scrutiny Panel in 2006 and considered how these working practices could be improved.

The Panel noted the provision of Standing Order 136(a) in which it was stated that the terms of reference of Scrutiny Panels included:

  • to  hold  reviews  into  such  issues  and  matters  of  public importance  as  it,  after  consultation  with  the  chairmen's committee, may decide.

The Panel considered the importance of prioritisation and planning when deciding upon the work it would undertake. It noted the provision of Item 4.3 of (the draft) Code of Practice for Scrutiny Panels and the Public Accounts Committee (P.101/2006):

  • In general, each Panel had the freedom to select its own programme of reviews within its remit. Each Panel had the responsibility of ensuring that a fair measure of scrutiny was undertaken  across  the  full  range  of  ministerial  departments within its remit during the course of the lifetime of the Panel.

It was noted that failure to prioritise could lead to too great a demand on the Panel's resources and the support service offered by  the  Scrutiny  Officers. The  Panel  was  advised  that  the Chairmen's  Committee  would  consider  the  issue  of  Scrutiny resources at its meeting on 12th January 2007.

The Panel was advised that Standing Orders 139 and 140 required the agreement of the Chairmen's Committee for Scrutiny Panels to allocate any resources to Sub-Panels or to rapporteurs.

The Panel was advised that bodies (similar to it in purpose and function) in other jurisdictions had access to greater resources and support staff. The Panel acknowledged the work undertaken by the Scrutiny staff and extended its thanks to the Scrutiny Manager, Mrs.  K.  Tremellen-Frost,  the  Scrutiny  Officers  and  the Administrators.

The Panel noted that scrutiny' work did not merely involve the presentation of formal Scrutiny Reports to the States Assembly.

The Panel was advised that Item 7 of the draft Code of Practice required Scrutiny Panels to set a provisional work programme for the year. It was noted that the Panel had followed the provisions of Item 7 at the beginning of 2006 but that a variety of factors had made it difficult for the Panel to follow the work programme it had set.

The Panel considered the potential difficulty in establishing when Panel Members were acting on behalf (or as part) of the Panel and when they were acting as individual States Members. It was noted that clarity was required to ensure a full understanding of when decisions had been made by the Panel as a whole.

The  Panel  noted  that  the  establishment  of  sub-panels  did  not automatically make it easier for scrutiny reviews to be undertaken as the creation of sub-panels did not lead to more resources or support staff being available.

  1. Higher Education Funding

The Panel noted that it had received copies of Financial Support for Students  in  Higher  Education proposals  (R.98/2006)  together with correspondence from the Department of Education, Sport and Culture that indicated the Minister had invited comments on the

proposals by the end of January 2007.

The Panel agreed that Deputies S. Pitman and J. Gallichan would SP/JG/WM/TO meet  to  consider  R.98/2006  and  to  consider  the  scoping  and

Terms of Reference for a potential review of this topic. The Panel

further agreed that it would consider this matter at its next meeting.

  1. Future Meetings

The  Panel  agreed  to  invite  Senator  M.E.   Vibert ,  Minister  for WM/TO Education, Sport and Culture, to its meeting on 5th February 2007

and Senator W. Kinnard, Minister for Home Affairs, to its meeting

on 19th February 2007. It further agreed that each Minister would

be sent a list of items for discussion ahead of their meeting.

The  Panel  was  advised  that,  on  three  occasions  the  agreed meeting schedule for 2007 would require the Panel to meet the day before a sitting of the States Assembly. It was agreed to maintain the schedule as it stood for the time being .

The Panel noted that the next scheduled meeting would occur on 22nd January 2007.

Signed Date

.. Chairman, Education and Home Affairs Panel